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Israel’s Title to “Palestine” under International Law

by WrathofG-d ( 215 Comments › )
Filed under Democratic Party, Gaza, Israel, Middle East, Palestinians, UK, United Nations, World at December 16th, 2009 - 2:00 pm

BLOGMOCRACY IN ACTION!

This Thread By “Contributor” & Netizen – “Eliana”

Israel has a solid case under international law for the ownership of all of the land included in the Palestine Mandate. On November 28th, the Jerusalem Post published this article:

NGO to Clinton: Settlements are legal
By JACOB KANTER

The Office for Israeli Constitutional Law, a non-governmental legal action organization, sent a letter to US Secretary of State Hillary Clinton last week, warning that by labeling Jewish settlements in the West Bank illegal, she is violating international law.

The little-known Anglo-American Convention, a treaty signed by the US and British governments in 1924, stipulated that the US fully accepted upon itself the Mandate for Palestine, which declared all of the West Bank within its borders.

“The treaty has been hidden,” said OFICL director Mark Kaplan. “But if you look at the House [of Representatives] deliberations during World War I, people are saying, ‘Look, we’ve invested a lot of money in Palestine, and we expect that this treaty will be upheld.'”

Though the United Nations’ 1947 partition plan declared the West Bank an Arab territory, the mandate’s borders still hold today.

“The mandate expired in 1948 when Israel got its independence,” Kaplan said. “But the American-Anglo convention was a treaty that was connected to the mandate. Treaties themselves have no statute of limitations, so their rights go on ad infinitum.”

“The UN partition plan was just that-a plan,” said OFICL chairman Michael Snidecor in a statement. “The General Assembly has no authority to create countries or change borders…

The OFICL letter also warned Clinton that if her office does not comply with the civil rights recognized in the Anglo-American convention, OFICL will file a class-action suit in a US district court….

NGO to Clinton: Settlements are legal

From the letter to Hillary Clinton from the OFICL:

Thereafter, the United States of America ratified a treaty a with the British Government known as the Anglo-American Treaty of 1924, which included by reference the aforementioned Balfour Declaration and includes, verbatim, the full text of the Mandate for Palestine.

“Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on the 2nd of November 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people…”

By doing so, the United States of America is legally bound to the principles contained in the “Balfour Declaration” and the “Mandate for Palestine.”

Letter to U.S. Secretary of State Hillary Clinton

THE ARGUMENT used against Israel in the claim that the Jewish settlements in Judea, Samaria and the Jewish neighborhoods in eastern Jerusalem are illegal is a cynical and wicked twisting of an article in the 4th Geneva Convention that was meant to prevent another Holocaust:

Many who allege that Jewish communities in the West Bank violate international law cite the 4th Geneva Convention, Article 49. It states that an occupying power “shall not deport or transfer parts of its own civilian population into the territory it occupies.” But Julius Stone, like Rostow a leading legal theorist, wrote in his 1981 book, “Israel and Palestine: An Assault on the Law of Nations,” that the effort to designate Israeli settlements as illegal was a “subversion . . . of basic international law principles.”

Stone, Stephen Schwebel, a former judge on the International Court of Justice, and others have distinguished between territory acquired in an “aggressive conquest” (such as Nazi Germany’s seizures during World War II) and territory taken in self-defense (such as Israeli conquests in 1967).

The distinction is especially sharp when the territory acquired had been held illegally, as Jordan had held the West Bank, which it seized during the Arab states’ 1948-49 war against Israel.

Further, Article 49 of the 4th Geneva Convention was intended to outlaw the Nazi practice of forcibly transporting populations into or out of occupied territories to labor or death camps. Israelis were not forcibly transferred to the West Bank, nor were Palestinian Arabs forced out of it. Two years after President Carter’s State Department determined that Israeli settlements violated international law, President Reagan said flatly that they were “not illegal.”

Israeli settlements are more than legitimate

The “Palestinian” Claim to Judea, Samaria, Gaza and eastern Jerusalem is Illegitimate

The “Palestinians” claim is that they are entitled to the land up to the pre-1967 cease fire lines because these areas of land were “taken” from Jordan and Egypt.

In Article 5 of the Mandate of Palestine (which is incorporated into the Anglo-American treaty of 1924 and the United Nations Charter) states:

“The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign power.”

Mandate for Palestine

Jordan and Egypt violated international law when they (as “foreign powers”) took control of Judea, Samaria, Gaza and eastern Jerusalem. After these “foreign powers” had been expelled, they did not have legal heirs to this land in the form of fellow Arabians who call themselves “Palestinians.”

This legal matter will have to be addressed in the American legal system because the Obama Administration’s and the U.S. State Department’s obligations to recognize that all of the land belongs to Israel are at the center of the legal arguments.

Let’s hope the case moves forward.

The Israel-Arab Conflict…According To Avigdor Lieberman

by WrathofG-d ( 13 Comments › )
Filed under Ahmadinejad, Barack Obama, Gaza, Hamas, Iran, Islamists, Israel, Media, Middle East, Palestinians, Terrorism at April 28th, 2009 - 12:32 pm

Newspapers all over the world are working overtime to brand new Foreign Minister of Israel Avigdor Lieberman as a “racist”, “ultra-nationalist”, “right winger” and any other supposedly disparaging term they can dig up.  They will tell you nothing about the man other than he is an evil man who dared to suggested that Israelis, including Israeli-Arabs, be required to take an oath of loyalty.  What they don’t show you is why he suggested it.

Sadly, it seems that our own Government still just doesn’t get it.  Just a few hours after The Jerusalem Post completed the interview below with Lieberman, Hillary Clinton, gave testimony on Capitol Hill that insists that Israel continue the failed policies of the past.  Clinton stated that “For Israel to get the kind of strong support it is looking for vis-a-vis Iran, it can’t stay on the sidelines with respect to the Palestinians and the peace efforts.  They go hand in hand.”

Israel however has never even hinted that it has any desire to stall peace-making efforts with the so-called Palestinians.  When asked about this, Lieberman stated that his government instead, “intends to take the initiative” [on peace efforts].

Hillary Clinton knows this.  But what she really means when she says “peace efforts” is that Israel must surrender to the Phakestinians, follow the same failed policies of the last 60 plus years, and continue to surrender their sovereignty and security in return for nothing but empty promises.  This however is something that Lieberman, and Netanyahu, (for now it seems) won’t do.

Below are segments from this interview with Avigdor Lieberman.  Hear him in his own words.

_________________________________________

Can we start with the issue of two states for two peoples. Wasn’t the international basis for the establishment of Israel that there be a Jewish entity alongside an Arab entity? Is your government now departing from this paradigm or is the principle of two states still the applicable one?

First of all, we must understand why the Palestinian issue is deadlocked, because since 1993 we really made every effort. We had very dovish governments. We can start with Ehud Barak at Camp David, who made a very generous offer to [Yasser] Arafat and he rejected it. As for the Ariel Sharon government, we undertook an insane process called disengagement. We transferred thousands of Jews from the Gaza Strip. We evacuated tens of flowering settlements and we received in return Hamas and Kassam rockets. The last government of Ehud Olmert is the same. From what I saw in the papers, he really made a very very generous offer to Abu Mazen. And the same thing happened: Abu Mazen rejected it.

Were there elements that Olmert offered that were surprising to you?

Of course. I was shocked, as was everybody.

But more than this offer, more important at the end of the day: what was the final result? This was a very dovish government – without Lieberman, without Netanyahu. It was Olmert, Barak and Tzipi Livni. And the result? The Second Lebanon War, the operation in Gaza, severed diplomatic relations with Mauritania and Qatar, our soldier Gilad Schalit still in captivity.  And we cannot move forward without understanding why.

I know that all of us know some very popular slogans – land for peace, two-state solutions. It would be very easy to win over public opinion or the mass media by talking in slogans. But this is not election time. We’re not during the campaign. We want to bring real results.

Israel has proved its good intentions, our desire for peace. Since 1978, we gave up territories three times larger than Israel. We invested billions of shekels in the Palestinian Authority. We paid a very heavy price. Thousands of our citizens were killed in terrorist acts. What more can we do?

Without understanding the real reasons for this long-standing conflict, we cannot move forward. That’s my view.

Over the last two weeks I’ve had many conversations with my colleagues
around the world
. Just today, I saw the political adviser to German Chancellor Angela Merkel, the Chinese foreign
minister and the Czech prime
minister
. And everybody, you know, speaks with you like you’re in a campaign: Occupation, settlements, settlers…

You mean they speak in slogans?

Yes, slogans. Settlements, outposts.   And I ask only one thing: What was the situation before 1967, before we established a single settlement. What was before ’48 and ’67? Was it peace, was it a heaven here?

It was the same:  friction, terrorism, bloodshed. The PLO and Fatah were established before ’67 and the Arab countries controlled Judea and Samaria and the Gaza Strip for 19 years, from ’48 to ’67. Nobody spoke during this time about the Palestinian state. And even before the establishment of the state of Israel, it was the same: friction, tension, terror, riots, pogroms.   People try to simplify the situation with these formulas – land for peace, two-state solution. It’s a lot more complicated.

You don’t need to persuade this newspaper not to speak to you in slogans, but nonetheless, is it not the case that for our sake, to keep a Jewish, democratic Israel, we have to find some way to separate from the Palestinians?  And doesn’t that mean, in principle at least, statehood?  I understand the prime minister’s concerns about what statehood brings with it – giving one the right to arm and to pose a threat.  But what then is the ultimate goal here vis-a-vis the Palestinians?

We must clarify our position. The real reason [for the deadlock with the Palestinians] is not occupation, not settlements and not settlers. This conflict is really a very deep conflict. It started like other national conflicts. Today it’s a more religious conflict. Today you have the influence of some non-rational players, like Al-Qaida. What is Hamas and Islamic Jihad? It’s Iran by proxy.

To resolve this conflict, it is not enough to repeat slogans. I don’t see any short way for any comprehensive solutions.

From my point of view, we’re interested in three things. First of all, as Israeli citizens, the most important thing is security. I don’t want to see, every day, every morning, Palestinian missiles striking Sderot.

Second, what is most important for the Palestinians? I think it’s also very clear – the economy. Now I say as a settler, we at Nokdim are the biggest employer in our area. I have met many times with Palestinians from the villages around us, who really strongly do not believe in any political process, in peace processes – not in summits, not in conferences, not in declarations…

Is our government going to say to the international community and the Americans in particular, ‘We’re not even going to start trying to make progress with the Palestinians until you stop Iran?

No, no, no, no, no.

That’s the impression that’s sometimes being created.

No, we must start with the Palestinian issues because it’s our interest to resolve this problem. But there should be no illusions. To achieve an agreement, to achieve an end of conflict, with no more bloodshed, no more terror, no more claims – that’s impossible until Iran [is addressed], one of the biggest players in our arena.

You say you don’t foresee a comprehensive solution in the near future, but we’re already hearing from the new American president that this has been going on for long enough.

Annapolis was the wrong approach. With the Road Map, you can see some logical path: First of all, [for the PA to] dismantle terrorist organizations, collect illegal weapons, establish a justice system and establish normal state institutions. You have three stages in the Road Map, with 48-49 paragraphs. Only the last stage, the last paragraphs, deal with negotiations for the permanent solution. So, [under Annapolis,] to jump straight to the last paragraph and to concede on all of the Palestinian commitments to fight terror – it’s a very strange approach.

Now in our policy review, it’s a new government and we need time. I’m not ready for someone to stand with a stopwatch and say, ‘What’s happening, what’s happening?’ I talked with [President Obama’s special envoy George] Mitchell, and he well understood our problems.

The people of Israel made their decision [in the elections] and this is really the right time to examine new ideas, new approaches, new visions. We’re trying to formulate this new approach now.

{The Entire Interview Including Comments On Iran, and Hamas}

_____________________________________

Although I do not agree completely with everything Liberman says in his interview, I believe that the Netanyahu government is on the right track by trying something different.  Despite what the World media wish for you to believe, Liberman is hardly an “extremist”, nor a “ultra-nationalist”.  His only sin here is that he questions the prevailing so-called wisdom, of blaming the conflict on Israel not giving enough to the Arabs.  The problem however is that the media is wrong, and Liberman is right.  The main stumbling block with the Arab-Israeli conflict has been the World’s insistance that we continue the same failed policies.  Sadly, from the words of Secretary of State Clinton, it seems that the U.S. still doesn’t get it, and I am afraid that with an Obama Administration we never will.  Despite history, they wish to continue the “all for nothing from Israel” policies that have caused the stalemate Israel and the Arabs are in today.

For the sake of everyone involved, I pray for the peace of Israel, and that our leaders finally get it!

____________________________

In related news:  PA Court: Death Penalty To Arab For Selling Land To Jew

U.S. To Invite Iran To Afghanistan Meet

by WrathofG-d ( 112 Comments › )
Filed under Afghanistan, Ahmadinejad, Democratic Party, Iran, Middle East, Pakistan, Politics, World at March 5th, 2009 - 5:35 pm

President Barack ChamberlainBRUSSELS (Reuters) – In its first public overture to Tehran, the Obama administration intends to invite Iran to an international conference on Afghanistan planned for this month, Secretary of State Hillary Clinton announced Thursday.

“If we move forward with such a meeting, it is expected that Iran would be invited as a neighbor of Afghanistan,” Clinton told a news conference in Brussels after meeting NATO foreign ministers.

President Barack Obama, in a dramatic turnaround from Bush administration policy, has said the United States wants to engage Iran on a range of issues and the conference invitation would be the start of diplomatic outreach to Tehran.

Clinton proposed the conference, which brings in Afghanistan’s other neighbors including Pakistan and other major players, would take place on March 31.

“It is a way of bringing all the stakeholders and interested parties together,” said Clinton.

Iran borders Afghanistan and worked closely with the United States after the U.S. military offensive there to topple the Taliban and fight al Qaeda following the September 11, 2001 attacks on New York and Washington.

The United States is at loggerheads with Iran on a range of issues, including its nuclear program which Washington says is aimed at building an atomic bomb. Tehran says its program is for peaceful power purposes.

“Our task is to dissuade them, deter them and prevent from acquiring a nuclear weapon,” Clinton said.

{The Rest of The Article}

_________________________________

Call me a skeptic if you will, but I don’t think this overture is going to turn out the way the Obama Administration hopes.


U.S. To Pledge $900 Million To Gaza

by WrathofG-d ( 19 Comments › )
Filed under Democratic Party, Gaza, Hamas, Israel, Middle East, Palestinians, Politics, United Nations at February 23rd, 2009 - 5:55 pm

Hey, why not…..its not like we are in a recession, a deficit, or anything like that….and besides what could go wrong with giving millions of dollars to Gaza?

_________________________________________________________

‘U.S. plans to pledge $900 million for Gaza’

Hillary Clinton In A Headscarf With Yassir ArafatThe United States plans to pledge more than $900 million to help rebuild Gaza after Israel’s offensive against Hamas and strengthen the Palestinian Authority, a U.S. official said on Monday.

The money will be channeled through UN and other bodies and will not be distributed via the militant group Hamas, which rules Gaza, said the official, who spoke on condition of anonymity as U.S. Secretary of State Hillary Clinton plans to make the announcement next week at a Gaza donors conference in Egypt.

Clinton’s bid to get the $900 million could face an uphill battle in Congress where requests for Gaza will likely meet resistance as Hamas continues to rule there and the U.S. focus is on its own souring economy.

In December, the former Bush administration said it would give $85 million to the United Nations agency giving aid to Palestinian refugees in the West Bank, Gaza, Jordan, Lebanon and Syria.

Hamas is labeled a terrorist group by the United States and money must be channeled through UN bodies or the Palestinian Authority run by President Mahmoud Abbas.

The United States wants Abbas’ PA to play a central role in the reconstruction effort in Gaza, hoping this will increase its influence in the Hamas stronghold. Washington is also putting pressure on other donors to bolster the Palestinian Authority. Hamas ousted Fatah from Gaza in a bloody 2007 coup.

“We call on donor countries to focus their pledges to meet the Palestinian Authority’s priorities, including budget support, and on projects that can be funded through the Palestinian Authority and other existing, trusted mechanisms,” said the State Department official.

{The Rest of The Article}

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